BILL NUMBER: AB 2622	CHAPTERED  09/23/00

	CHAPTER   579
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 22, 2000
	PASSED THE ASSEMBLY   AUGUST 23, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JUNE 27, 2000
	AMENDED IN SENATE   JUNE 15, 2000
	AMENDED IN SENATE   JUNE 12, 2000
	AMENDED IN SENATE   MAY 31, 2000
	AMENDED IN ASSEMBLY   MAY 8, 2000

INTRODUCED BY   Assembly Member Dickerson

                        FEBRUARY 25, 2000

   An act to add Chapter 4 (commencing with Section 55000) to
Division 20 of the Food and Agricultural Code, relating to farm
products.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2622, Dickerson.  Farm products:  rice seed certification.
   Existing law creates the California Rice Commission, with a
prescribed membership and with specified powers, duties, and
responsibilities.  The commission is authorized, among other things,
to promote the sale of rice, educate and instruct the wholesale and
retail trade with respect to proper methods of handling and selling
rice, and conduct scientific research.
   This bill would, in addition, enact the California Rice
Certification Act of 2000 under which the California Rice Commission
would appoint a committee, with a prescribed membership and with
specified powers, duties, and responsibilities, including the duty to
recommend regulations relating to rice identified as having
characteristics of commercial impact.  The bill would set forth
various definitions.  The bill would provide for the certification of
rice, the imposition of various assessments; the registration of any
person engaged in the production or handling of certified rice, and
the labeling of certified rice.
   Existing law provides that any violation of a provision of the
Food and Agricultural Code is a misdemeanor, unless a different
penalty is expressly provided.
   This bill would make certain acts violations of state law and
would make those acts crimes, thereby imposing a state-mandated local
program.  The bill would also provide for civil penalties and
injunctive relief with respect to a violation under the bill.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 4 (commencing with Section 55000) is added to
Division 20 of the Food and Agricultural Code, to read:

      CHAPTER 4.  CALIFORNIA RICE CERTIFICATION ACT OF 2000
      Article 1.  Declarations and Legislative Intent

   55000.  The production and milling of rice constitutes an
important industry of this state that provides substantial and
necessary revenues for the state and employment for its citizens.
The California rice industry has the potential to be one of the
leading segments of the state's agricultural industry.  To realize
this potential, there is a need to make domestic and foreign
consumers aware of the nutritional value of rice, the high quality of
the rice produced and milled in the state, the many varieties of
rice produced and milled in the state, the intricacies of rice
culture, and the versatility of rice as a part of a well balanced
diet.
   55001.  The program established pursuant to this chapter is
essential to ensuring the consistently high quality of the rice
produced, milled, distributed, or otherwise handled in the state by
informing consumers, maintaining consumer confidence, and enhancing
and protecting the reputation of California's rice industry
throughout the nation and around the world.
   55002.  This chapter is intended to allow the rice industry to
work cooperatively to maintain consumer confidence and the acceptance
of rice produced and milled in the state.
   55003.  There is a growing need to maintain the identity of
various types of rice to satisfy increasing consumer demand for
specialty rices.  This demand requires providing the industry with
the ability to establish the terms and conditions for the production
and handling of rice in order to minimize the potential for the
commingling of various types of rice, and in order to prevent
commingling where reconditioning is infeasible or impossible.

      Article 2.  Definitions

   55006.  Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.
   55007.  "Books and records" means books, records, contracts,
documents, memoranda, papers, correspondence, or other data, whether
in written, magnetic, or electronic form, that pertain to matters
relating to this chapter.
   55008.  "Certification" means certification pursuant to Article 7
(commencing with Section 55070).
   55009.  "Characteristics of commercial impact" means
characteristics that may adversely affect the marketability of rice
in the event of commingling with other rice and may include, but are
not limited to, those characteristics that cannot be visually
identified without the aid of specialized equipment or testing, those
characteristics that create a significant economic impact in their
removal from commingled rice, and those characteristics whose removal
from commingled rice is infeasible.
   55010.  "Commission" means the California Rice Commission created
pursuant to Chapter 9.5 (commencing with Section 71000) of Part 2 of
Division 22.
   55010.5.  "Committee" refers to the committee established under
Section 55020.
   55011.  "Handler" means any person engaged in this state in the
business of marketing rice, including persons engaged in the drying,
milling, or storing of rice.
   55012.  "Person" includes any individual, partnership, limited
liability company, limited liability partnership, corporation, firm,
company, or any other entity doing business in California.
   55013.  "Producer" includes any person who produces, or causes to
be produced, rice.
   55014.  "Rice" means all rough or "paddy" rice or milled rice
(Oryza species) produced in or shipped into California, including
mochi rice (sweet rice) and rice produced for seed.  It does not
include wild rice (Zinzania aquatica; Zinzania palustris).
   55015.  "Secretary" means the Secretary of Food and Agriculture.

      Article 3.  Administration

   55020.  The secretary shall appoint a committee, from nominations
received from the commission, to administer Section 55040 and Article
5 (commencing with Section 55050), except as otherwise specified.
The committee consists of four producers, four handlers, and one
representative each of the California Crop Improvement Association,
the California Warehouse Association, and the California Cooperative
Rice Research Foundation.  The secretary shall also appoint one
member from the University of California who shall not be affiliated
with the California Crop Improvement Association.  If the secretary
finds any of those nominated to be unacceptable, he or she shall
notify the commission and request that another person be nominated.
The commission shall appoint one ex officio member who shall be
involved in the marketing, breeding, or distribution of seed, and may
appoint any other ex officio members deemed reasonably necessary to
implement this chapter.
   55020.5.  (a) The committee shall meet periodically for the
purposes specified in Article 4 (commencing with Section 55040).
   (b) A majority of the membership of the committee shall constitute
a quorum of the committee.  The vote of a majority of the members
present at which there is a quorum shall constitute an act of the
committee.  The committee may continue to transact business at a
meeting at which a quorum is initially present, notwithstanding the
withdrawal of members, provided any action is approved by the
requisite majority of the required quorum.
   (c) As a committee of the commission, the committee established
pursuant to Section 55022 shall conduct itself according to the
bylaws and rules of the commission.
   (d) Sections 71051, 71053, 71063, and 71066 shall apply to the
committee.
   55021.  All funds received from the assessments levied under this
chapter shall be deposited in banks that the commission may designate
and shall be disbursed by order of the commission through an agent
or agents as it may designate for that purpose.  The agent or agents
shall be bonded by a fidelity bond, executed by a surety company
authorized to transact business in the state, in favor of the
commission, in an amount of not less than twenty-five thousand
dollars ($25,000).
   55022.  (a) Upon receipt of a recommendation from the committee
for the promulgation of regulations, the secretary shall within 30
working days do one of the following:
   (1) Initiate the rulemaking process with the regulation as
recommended by the committee.
   (2) Decline to initiate the rulemaking process and provide the
committee with a written statement of reasons for the decision.
   (3) Request that the committee provide additional information
regarding the recommended regulations.
   (b) All regulations adopted pursuant to this chapter shall be
adopted in compliance with the Administrative Procedure Act, Chapter
3.5 (commencing with Section 11340) of Division 3 of Title 2 of the
Government Code and may be subsequently repealed or amended as
provided for in that chapter.

      Article 4.  Duties and Powers

   55040.  The powers and duties of the committee under this chapter
shall include, but not be limited to, all of the following:
   (a) Identifying rices that have characteristics of commercial
impact.
   (b) Recommending to the secretary proposed regulations
establishing terms and conditions for planting, producing,
harvesting, transporting, drying, storing, or otherwise handling rice
identified pursuant to subdivision (a), including, but not limited
to, seed application requirements, field buffer zones, handling
requirements, and identity preservation requirements. All rice
identified pursuant to subdivision (a) shall be subject to an
identity preservation program.
   (c) Reviewing the efficacy of terms, conditions, and identity
preservation programs imposed on the planting, producing, harvesting,
transporting, drying, storing, or otherwise handling of rice
identified pursuant to subdivision (a) using the most current
industry standards and generally accepted scientific principles.
   (d) Recommending to the secretary on all matters pertaining to
this chapter, including, but not limited to, enforcement of this
chapter and setting the assessment rates.
   (e) The committee shall review each rice identified as having
characteristics of commercial impact not less often than every two
years, or upon receipt of a petition from the purveyor of the rice.
No purveyor of a rice identified as having characteristics of
commercial impact may file more than one petition on a particular
rice in any two-year period.
   (f) Neither the recommendations of the committee nor any
regulation adopted pursuant to this chapter shall be construed as
establishing any production, processing, or market tolerance.
   55045.  (a) The commission may receive and investigate complaints
regarding alleged violations of this chapter and the regulations
adopted under it and may refer cases to the department for action
pursuant to Section 55107.
   (b) The commission shall provide notice to the person alleged to
have violated the provisions of this chapter informing him or her of
the commission's decision to take further action pursuant to this
article.  The person may seek a review of the commission's decision
by the secretary and thereafter may seek judicial relief.
   (c) Notwithstanding subdivision (b), the commission may
immediately seek injunctive relief, as specified in Section 55046.
Any injunction obtained by the commission shall remain in full force
and effect pending any review by the secretary.
   55046.  (a) The commission may investigate and commence civil
actions and utilize all remedies provided in law or equity for the
collection of assessments and for the obtaining of injunctive relief
or specific performance regarding this chapter and the regulations
adopted under it.  The commission may seek a writ of attachment or
injunctive relief, including, but not limited to, a temporary
restraining order, temporary injunction, or a permanent injunction,
in order to prevent any violation or threatened violation of this
chapter.  A court shall issue to the commission any requested writ of
attachment or injunctive relief upon a prima facie showing by
verified complaint that a named defendant has violated, or has
threatened to violate, this chapter or any regulation promulgated
under it.  No bond shall be required to be posted by the commission
as a condition for the issuance of the requested writ of attachment
or injunctive relief.
   (b) A writ of attachment shall be issued pursuant to Chapter 4
(commencing with Section 485.101) of Title 6.5 of Part 2 of the Code
of Civil Procedure, except that the showing specified in Section
485.010 of the Code of Civil Procedure shall not be required.
Injunctive relief shall be issued pursuant to Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, except that the showing of irreparable harm or inadequate
remedy at law specified in Sections 526 and 527 of the Code of Civil
Procedure shall not be required.
   (c) Upon entry of any final judgment on behalf of the commission
against any defendant, the court shall enjoin the defendant from
conducting any type of business regarding rice until there is full
compliance and satisfaction of the judgment.  Upon a favorable
judgment for the commission, it shall be entitled to receive
reimbursement for any reasonable attorney's fees and other actual
related costs.  Venue for these actions may be established at the
domicile or place of business of the defendant or in the county of
the principal place of business of the commission.  The commission
may be sued only in the county of its principal office.
   55047.  The committee shall recommend to the secretary that
regulations be adopted by the secretary that accomplish all of the
following purposes:
   (a) Maintain the integrity and prevent the contamination of rice
which has not been identified as having characteristics of commercial
impact.
   (b) Prevent the introduction of disease, weeds, or other pests.
   (c) Ensure that persons selling, offering for sale, or otherwise
distributing seed for the production of rice identified as having
characteristics of commercial impact, or that persons bringing rice
identified as having characteristics of commercial impact into the
state for processing, notify the commission of the location of
planting sites and of the dates and procedures for planting,
producing, harvesting, transporting, drying, storing, or otherwise
handling of rice identified as having characteristics of commercial
impact.
   (d) Ensure that persons receiving rice having been identified as
having characteristics of commercial impact produced outside the
state for processing notify the commission of the location of the
receipt and of the procedures for processing, transporting, drying,
storing, or otherwise handling the rice to prevent commercial impact
to other rice and the spread of weeds, disease, or other pests.
   (e) Ensure enforcement of terms and conditions imposed on the
planting, producing, harvesting, transporting, drying, storing, or
otherwise handling of rice identified as having characteristics of
commercial impact.
   (f) Encourage research and development of new types of rice.

      Article 5.  Commercial Impact Rice

   55050.  Except as provided for in Section 55052, no person may
plant, produce, harvest, transport, dry, store, or otherwise handle
rice identified as having characteristics of commercial impact,
except in compliance with the provisions of this chapter and the
regulations adopted under it.  Regulations shall be adopted by the
secretary, in accordance with Section 55022, to accomplish all of the
following purposes:
   (a) Maintain the integrity and prevent contamination of rice which
has not been identified as having characteristics of commercial
impact.
   (b) Prevent the introduction of disease, weeds, or other pests.
   (c) Ensure that persons selling, offering for sale, or otherwise
distributing seed for the production of rice pursuant to subdivision
(a) of Section 55040 or bringing rice identified pursuant to
subdivision (a) of Section 55040 into the state for processing notify
the commission of the location of planting sites and of the dates
and procedures for planting, producing, harvesting, transporting,
drying, storing, or otherwise handling of the rice.
   (d) Ensure that persons receiving rice having been identified
pursuant to subdivision (a) of Section 55040 produced outside the
state for processing notify the commission of the location of the
receipt and of the procedures for processing, transporting, drying,
storing, or otherwise handling the rice to prevent commercial impact
to other rice and the spread of weeds, disease, or other pests.
   (e) Enforce the restrictions and conditions imposed on the
planting, producing, harvesting, transporting, drying, storing, or
otherwise handling of rice identified pursuant to subdivision (a) of
Section 55040.
   (f) Encourage research and development of new types of rice.
   55051.  Except as specified in Section 55052, no rice may be sold,
offered for sale, or otherwise distributed, planted, harvested,
transported, dried, stored, or otherwise handled unless it has been
reviewed by the committee for the purposes of making the findings set
forth in Section 55040, and if necessary, the establishment of
regulations pursuant to Section 55047.
   55052.  (a) Except as set forth in this section, this chapter
shall not apply to 50 acres or less of rice of any type planted for
research purposes.  No one type may be planted on more than 50 acres
in the state and be considered research within the meaning of this
section.  Any person conducting research on 50 acres or less shall
notify the committee of the location of the acreage involved, and the
proposed procedures for planting, producing, harvesting,
transporting, drying, storing, or otherwise handling the rice.  The
committee shall review and approve, modify, or reject the proposed
procedures to ensure that the research will not result in commercial
impacts to other rice.  The committee shall accept any procedures
that have been previously approved or accepted by an agency of state
or federal government unless the committee provides written
justification for modifying or rejecting the procedures.
   (b) In addition to the information required pursuant to
subdivision (a), the committee may require any person proposing to
conduct research using rice brought into the state from another state
or country to provide the committee with proposed procedures to
ensure that the introduced rice is free of disease, weeds, or other
pests.  The committee shall review and approve, modify, or reject the
proposed procedures.  The committee shall accept any procedures that
have been previously approved or accepted by an agency of state or
federal government unless the committee provides written
justification for modifying or rejecting the procedures.
   (c) The notice required pursuant to this section shall not require
specific information regarding the attributes of the rice that is
the subject of the research.
   (d) The notice required by this section shall be provided in the
time and manner specified by the committee.
   (e) This chapter shall not apply to research conducted by the
University of California except for rice produced directly from the
research that enters the channels of trade.

      Article 6.  Assessments

   55060.  (a) Any person engaged in the business of selling,
offering for sale, or otherwise distributing seed for the production
of rice identified as having characteristics of commercial impact,
shall annually pay to the commission an assessment in an amount not
to exceed five dollars ($5) per hundredweight (cwt.).
   (b) The first in-state handler of paddy or brown rice identified
as having characteristics of commercial impact, or of seed for the
production of rice identified as having characteristics of commercial
impact, brought into the state from outside California, shall report
the receipt of the rice or seed and pay an assessment to the
commission in an amount not to exceed ten cents ($0.10) per
hundredweight (cwt).  The report and payment shall be made in the
time and manner specified by the commission.
   55061.  The assessment shall be paid in the time and manner
specified by the commission.  No assessment shall be paid by any
person for any rice seed for which the assessment has been previously
paid.  Assessments not paid when due shall be subject to a penalty
of 10 percent of the assessment and interest at the rate of 1 percent
per month.
   55062.  The commission shall use all funds received pursuant to
this chapter for the purposes of this chapter.
   55063.  The commission shall publish an annual report of its
activities including an accounting of the use of assessments
collected pursuant to this chapter.  The report, in aggregate form,
shall be made available to any person upon request.

      Article 7.  Certification of Rice

   55070.  The commission may establish a program allowing for the
certification of any verifiable attribute of rice.  The commission
may operate the program or contract with qualified entities to
implement all or any aspect of the program.  No organization shall be
considered qualified for the purposes of this article unless it can
provide accurate, verifiable certification of identified attributes
of seed, rough or paddy rice, or milled rice, as determined by the
commission.  This article does not authorize the certification of any
rice as organic.  Certification pursuant to this article shall not
be construed as establishing any production, processing, or market
tolerance.
   55071.  (a) The commission shall require any organization seeking
to certify rice pursuant to this article to file the procedures and
standards of an internationally recognized identity preservation
program or a certification plan, including, but not limited to, the
following:
   (1) Minimum information to be required from seed producers,
producers and handlers regarding production, growing, conditioning,
or processing practices, and methods for verifying the information
received.
   (2) Qualifications of, and training requirements for, all
inspectors.
   (3) Procedures for inspection and testing methods, including a
complete description of the sampling methodologies.
   (4) Criteria for certification and attributes to be certified.
   (5) Processes for decisionmaking relative to certification
procedures, criteria, and methods.
   (b) The certification plan shall be kept by the commission and
made available for public inspection upon request.
   55072.  Organizations certifying rice shall keep accurate books,
accounts, and records of all activities relating to certification.
The records shall be preserved for a period of three years and shall
be submitted for inspection at any reasonable time upon written
demand of the commission.
   55074.  At the end of each rice producing season, as established
by the commission, each organization certifying rice for the
commission shall prepare a list of all persons whose rice has been
certified or is pending certification.  This list shall be filed with
the commission and shall be available for public inspection.
   55075.  (a) Notwithstanding any other provision of law, any
producer or handler of rice sold as a certified rice and any
organization certifying rice for the commission shall immediately
make available for inspection by, and shall within 72 hours of a
request provide to, the commission a copy of any record required to
be kept under this chapter.  Records acquired pursuant to this
section and any information marked trade secret or confidential
acquired by the commission in carrying out its duties under this
chapter shall not be public records as that term is defined in
Section 6252 of the Government Code and shall not be subject to
Chapter 3.5 (commencing with Section 6250) of the Government Code.
   (b) The commission shall not be required to obtain records not in
its possession in response to a subpoena.  Prior to releasing records
required to be kept pursuant to this chapter in response to a
subpoena, the commission shall delete any financial information about
any operation or transaction, information regarding the identity of
suppliers or customers, the quantity or price of supplies purchased
or products sold and any information marked trade secret or
confidential.
   (c) Except for those records subject to public inspection pursuant
to Sections 55071 and 55074, this section shall be the exclusive
means of public access to records required to be kept or obtained by
the commission pursuant to this chapter.
   55076.  Upon receipt of a petition from any person providing
adequate evidence of good cause to do so, the commission may declare
all rice produced within a specified area to be certified as to any
attribute.  If the commission makes this declaration, all rice
produced within the area shall be deemed certified, and may be
labeled as provided in Section 55082 if the rice is handled to
preserve its identity.

      Article 8.  Sale of Certified Rice

   55080.  Every person engaged in this state in the production or
handling of rice to be identified as certified pursuant to this
chapter, shall register with the commission or its designate prior to
the first sale of rice so identified, and shall thereafter annually
renew the registration unless the person is no longer engaged in the
activities requiring registration.
   55081.  Registration shall be on a form developed by the
commission, or developed by its designate and approved by the
commission, and shall be valid for one rice producing season.
   55082.  Rice certified pursuant to this chapter shall be labeled
as follows or with substantially similar language:
"THIS LOT OF RICE CERTIFIED (accurate identification of specified
attribute) IN ACCORDANCE WITH THE CALIFORNIA RICE CERTIFICATION ACT
OF 2000."

   The label shall also include the name of any organization that
provided the certification as the commission's designate.  The
commission may revise the label language with the concurrence of the
secretary.
   55083.  This chapter shall apply to all rice sold as certified
pursuant to this chapter within the state, wherever produced or
handled, and to all rice produced or handled in the state, wherever
sold as certified, pursuant to this chapter; except that in lieu of
registration under this chapter, the commission may recognize a
certification program operating outside the state that certifies rice
sold as certified, provided that program meets minimum standards
substantially similar to those contained in this chapter.  The
commission may establish a procedure whereby certification
organizations operating outside the state may apply for and receive
recognition.

      Article 9.  Violations

   55100.  (a) It is unlawful for any person to sell, offer for sale,
advertise, or label rice in violation of this chapter.
   (b) Notwithstanding subdivision (a), a person engaged in business
as a retailer of rice who in good faith sells, offers for sale,
labels, or advertises any rice in reliance on the representations of
a producer or handler that the rice may be sold as certified, shall
not be found to violate this chapter, except under any of the
following circumstances:
   (1) The retailer knew or should have known that the rice could not
be sold as certified.
   (2) The retailer was engaged in producing or handling the rice.
   (3) The retailer prescribed or specified the manner in which the
rice was produced or handled.
   55101.  (a) It is unlawful for any person to certify rice in
violation of this chapter.
   (b) It is unlawful for any person to certify rice unless
designated by the commission.
   (c) It is unlawful for any person to willfully make a false
statement or representation, or knowingly fail to disclose a fact
required to be disclosed pursuant to Article 7 (commencing with
Section 55070).
   55102.  (a) It is unlawful for any person to produce or handle
rice sold as certified unless duly registered pursuant to Section
55080.
   (b) It is unlawful for any person to willfully make a false
statement or representation, or knowingly fail to disclose a fact
required to be disclosed, during registration pursuant to Section
55080.
   55103.  It is unlawful for any person to forge, falsify, fail to
retain, fail to obtain, or fail to disclose records as required by
this chapter.
   55104.  It is unlawful for any person to fail or refuse to pay any
assessments levied pursuant to this chapter.

       55105.  It is unlawful for any person to sell, offer for sale,
or otherwise distribute, plant, grow, harvest, handle, or store
rice, except in compliance with this chapter and the regulations
adopted under it.
   55106.  (a) The secretary may levy a civil penalty against any
person who violates this chapter, or any regulations adopted pursuant
to this chapter, in an amount not more than five thousand dollars
($5,000) for each violation.  The amount of the penalty assessed for
each violation shall be based upon the nature of the violation, the
seriousness of the effect of the violation upon the effectuation of
the purposes and provisions of this chapter, and the impact of the
penalty on the violator, including the deterrent effect on future
violations.
   (b) Upon a finding that a violation was unintentional, the
secretary may levy a civil penalty of not more than two thousand five
hundred dollars ($2,500) for each violation.
   (c) For a first offense, and upon a finding that the violation is
minor and unintentional, in lieu of a civil penalty as prescribed in
subdivision (a) or (b), the secretary may issue a notice of
violation.
   (d) A person against whom a civil penalty is levied shall be
afforded an opportunity for a hearing before the secretary, upon a
request made within 30 days after the date of issuance of the notice
of penalty.  At the hearing, the person shall be given the right to
present evidence on his or her own behalf.  If no hearing is
requested, the civil penalty shall constitute a final and
nonreviewable order.
   (e) If a hearing is held, review of the decision of the secretary
may be sought by the person against whom the civil penalty is levied
within 30 days of the date of the final order of the secretary
pursuant to Section 1094.5 of the Code of Civil Procedure.
   (f) A civil penalty levied by the secretary pursuant to this
section may be recovered in a civil action brought in the name of the
state.
   55107.  (a) Any violation of any provision of this chapter or the
regulations promulgated under it shall constitute grounds for
injunctive relief.  An action for injunctive relief may be brought in
a court of competent jurisdiction by the secretary.  The commission
shall also be authorized to bring an action in its own name for
injunctive relief on the grounds provided for in this chapter.
   (b) Prior to bringing an action for injunctive relief pursuant to
this section, the commission shall review all available information,
recommend specific enforcement action to the secretary, and allow the
secretary the opportunity to respond, as provided for in Section
55060.  Notwithstanding the secretary's response, nothing in this
section shall be construed as preventing the commission from bringing
the action.
   55108.  Penalties received pursuant to this article shall be
handled as specified in Section 55062.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
